Matter of Estate of Jetter

GILBERTSON, Justice.

[¶ 1.] The State of South Dakota and the Office of the Commissioner of School and Public Lands (State) appeal from a trial court’s order denying the State’s claim of escheat. We affirm.

FACTS AND PROCEDURE

[¶2.] Robert G. Jetter (Jetter) and his brother Martin farmed and ranched together in Haakon County near Milesville, South Dakota. Neither brother ever married nor had children. They spent their entire fives solely devoted to their ranching pursuits and through decades of diligent hard work, they were successful at it.

[¶3.] In 1981, Jetter contacted attorney Russell C.…